2013 (7) TMI 391

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..... S. L. P. (C.) No. 3976 of 2010. Exhibit P3 is the notice issued under section 142(1) of the Income tax Act, 1961, calling to submit returns of income. Exhibit P5 is yet another notice directing to comply with the directions or to face proceedings under section 144 of the Act. Exhibit P7 is the further notice sent by the first respondent to the first appellant requiring the first appellant to specify the category of person in which the first appellant would be called in the light of the definition of "person" under section 2(31) of the Act. The first appellant submitted a detailed explanation. Exhibit P8 and exhibit P9 are the notices issued by the first respondent to the second appellant seeking information under section 142 of the Act. We .....

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..... and the learned standing counsel for the Revenue. Section 2(31) of the Income-tax Act, 1961, defines a person. "2.(31) 'person' includes- (i) an individual, (ii) a Hindu undivided family, (iii) a company, (iv) a firm, (v) an association of persons or a body of individuals, whether incorporated or not, (vi) a local authority, and (vii) every artificial juridical person, not falling within any of the preceding sub-clauses. Explanation.-For the purposes of this clause, an association of persons or a body of individuals or a local authority or an artificial juridical person shall be deemed to be a person, whether or not such person or body or authority or juridical person was formed or established or incorporated with the object of der .....

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..... estopped from denying they are persons for the reason that under section 80P of the Act the income of the co-operative society is exempted and they are claiming benefit under section 194A(viia). It is submitted by the learned standing counsel for the Revenue that the objection filed by the appellants itself would show that they are claiming benefit under section 194A(iiia) of the Act. Section 194A speaks about any person, not being an individual or a Hindu undivided family. Therefore, the definition clause except to the extent it is otherwise provided in the section would necessarily apply, runs the argument. Learned standing counsel for the Revenue also has a case that the appellants societies would fall within the four corners of the def .....

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